syllabus by qingyunliuliu


									                       THE UNIVERSITY OF TOLEDO

                        ESTATE & PROBATE ADMINISTRATION

INSTRUCTOR:          Professor Michael J. Spiros, Esq.

OFFICE PHONE:        (419) 530-7732

OFFICE HOURS:        Tuesday & Thursday 1:00 - 3:30 P.M., or by appointment

TEXT:                        West’s Ohio Probate Code

EXAMS:                       Midterm and final examinations

PROJECT:                     Downloading and completing Ohio probate forms.

Class #   Topic

1         Course introduction.

2         Probate terminology. Testate, intestate, affinity, consanguinity, degrees of
          consanguinity, ancillary estates, per stirpes and per capita.

3         Per stirpes distribution to heirs of equal degree of consanguinity to decedent;
          designation of heir; persons not to benefit from death (homicide); presumption on order
          of death.

4         Statute of descent & distribution. How estate property is distributed when a person
          dies intestate (without a will).

5         Descent & distribution continued.

6         Rights of the surviving spouse. The right to take against the will - to receive a portion
          of the deceased spouse’s estate even if it left by will to another person or persons.

7         Surviving spouse’s rights to the Family Allowance and rights to the decedent’s interest
          in the mansion house.

8         Surviving spouse’s rights to automobiles owned by the decedent and to purchase real
          and personal property of the decedent.

9         Legal requirements of drafting wills; who may make a will; oral wills; beneficiaries as
10   Lost or destroyed wills; pretermitted heirs.

11   Admitting wills to probate. Establishing proper jurisdiction and venue.

12   Executor, Administrator, Administrator WWA, Administrator DBN. Requirements
     of each and distinctions between.

13   Fiduciary bond - requirements and amount.

14   Review for midterm.

15   Midterm examination - part one

16   Midterm examination - part two.

17   Drafting project.

18   Drafting project.

19   Review midterm examination.

20   Inventory; joint and survivorship property; failure to file; notice to surviving spouse;
     execution; hearing; newly discovered assets.

21   Presentment of claims against an estate; procedure; acceleration; acceptance or

22   Rejection of claim at request of heir, beneficiary, or creditor; action on rejected claim;

23   Sale of real and personal property of estate by agreement, for payment of debts, to pay

24   Sale of property continued. Action for sale of land; method of sale; price of sale.

25   Distribution of estate assets.

26   Accounts of executors and administrators; annual account, final account, account of

27   Ohio Estate Tax Return. Interest of decedent in property which must be included in
     gross taxable estate. Transfers in contemplation of death, life estates.

28   Ohio Estate Tax Return continued. Reversionary interests, annuities and employment
     benefits, joint and survivorship property, powers of appointment, life insurance.
29            Ohio Estate Tax Returns continued. Marital deduction, funeral expenses, charitable
              deductions, debts and expenses of administration.

30            Review for final examination.

Grades:          There will be a two-part midterm examination. Part one will be true-false
                 questions and part two will be short essay questions. The final examination will
                 also be in two parts; true-false questions and completing an Ohio estate tax return.
                 There will also be a mid-semester drafting project. The exams will each count for
                 45% of your grade. The drafting project will count for 10%.

Attendance:      Class attendance is required. Attendance will be taken before each class. Each
                 student is allowed two unexcused absences without penalty. Each additional
                 absence will result in one grade reduction. Students arriving late for class will be
                 assessed one-half of an absence.

Exams:           Exams will be given only on the date and time scheduled. Make-up exams will not
                 be given. The drafting project must be turned in on time.

Drop:            If a student desires to drop the course, he or she must officially do so through the
                 records office to receive a WD, otherwise a grade of F will be given.

Disability:      If a student has a disability, he or she may be entitled to receive individualized
                 services and/or accommodations intended to assure equal opportunity. If you
                 would like more information, I encourage you to see me.

                           THIS SYLLABUS IS SUBJECT TO CHANGE

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